Q & A Session – Employer Disclosing Medical/Private Information

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I was informed that my employer told a co-worker of mine that “I must be sad/mad that she is pregnant because I cannot have any kids.” Three years ago, I disclosed in private to my employer that I will be having surgery regarding my reproductive organs due to a recent illness. Never once did I say I could not have kids. Is there anything I can do?

A:

Can you prove that your employer released this private information or it just supposition on your part? Are you a federal employee? Was the information contained in an official agency record? The answers to these questions may reveal a potential violation of the Privacy Act.

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About Author

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

2 Comments

I do not believe that the law is as clear as one may think, nor that it is applied equally. I am a retired federal employee; just prior to retirement, I transitioned from Male to Female. A division chief in my organization (who was not a part of my management chain) chose to “out” me at a conference, questioning (in his customary loud voice) why I should be using the women’s rest room (for which I already had an agreement with the organizations director). The comments were made to the director, and the division chief chose to not follow the director’s guidance to “shut up”. I found out from 2 people who heard the exchange. It got worse, much. There was zero discipline taken against the division chief for revealing my medical situation, even after a formal investigation of other incidents perpetrated by this division chief and people that work for him. Being the target of a deliberate violation of my privacy rights, I can say that they mean little (my privacy rights) if management does not have the will to do something about the situation.

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